lisby ch. 3 & 4

Question 1

Pavesich v. New England Mutual Life Insurance

Answer 1

1905 - Atlanta artist Paolo Pavesich sued when his photo was used in a newspaper ad representing a happy, contented person with insurance. Georgia became the first state to recognize the right of privacy in common law when they awarded Pavesich $25,000 in personal damages due to the invasion.

Question 2

6 findings regarding rights to privacy

Answer 2

1. absence of precedent for a rt doesn’t mean that rt doesn’t exist.
2. right to privacy is based in natural law (freedom of restraint)
3. the right to privacy encompasses right to chill and be out of the public eye.
4. right of privacy is limited to press and specch
5. GA constitution forbids the abuses of freedom of press and speech, yet GA law favors/believes in free press & speech.
6. one can waive right to privacy.

Question 3

Bazemore v. Savannah Hospital

Answer 3

1930- The courts held that the parents of a deformed child whose picture got published in a newspaper, could maintain a suit for invasion of privacy against the hospital. (right to privacy extends to family injured by breach of privacy)

Question 4

William Prosser’s 4 Laws of Privacy

Answer 4

1. Intrusion on the plaintiff’s seclusion or solitude, or into his private affairs;
2. Public disclosure of embarrassing private facts about the plaintiff;
3. Publicity which places the plaintiff in a false light in the public eye;
4. Appropriation, for the defendant’s advantage, of the plaintiff’s name or likeness.

Question 5

Balancing Test - Individual v. Public

Answer 5

The rights of the public generally always win

Question 6

Central Hudson Test- Intermediate level scrutiny

Answer 6

In Georgia, advertising must be accurate, truthful, and not misleading in fact or by implication.

Question 7

Things you cannot advertise

Answer 7

-Financial instruments are not insured when it is not
CD’s, Stocks, insurance, etc.
-Advertising an unlicensed adoption agency
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